Mothukuri Srinivasa Rao vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 4658 AP
Judgement Date : 26 July, 2022

Andhra Pradesh High Court - Amravati
Mothukuri Srinivasa Rao vs The State Of Andhra Pradesh on 26 July, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No. 18104 of 2022

ORDER:

The petitioner has been awarded the contract to undertake the works i.e., construction of Check-Dam-I and Dam-II near Yerumallavagu in Guhtikonda, R.F. Comp.No.40 in Chejerla Beat of Vinukonda Range and the estimated value of the work for both the works is Rs.10,18,700/- and to that effect, an agreement was entered into between the petitioner and the 6th respondent on 10.06.2017. After execution of the said contract, final bills for the said amount had been prepared on the basis of Measurement Book. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is made so far. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

4. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and learned counsels appearing for the respondents, this Writ Petition is disposed of with a direction to the respondents to 2 release the amount of Rs.10,18,700/- to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. If the respondents fail to pay the said amount within the stipulated time, the petitioner is entitled for interest @12% per annum. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J 26th July, 2022 cbs 3 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Writ Petition No.18104 of 2022 26th July, 2022 cbs